Sewell v. Commissioner of Internal Revenue

WALLER, Circuit Judge.

The question involved here is one of intent, that is, whether or not the petitioners intended to make a completed gift inter vivos of the corporate stock to their respective wives, or whether the stock was placed in their wives’ names only for tax purposes with the alleged donors retaining the same dominion and control as if there had been no transfer. There are ample facts in the record to justify the factual finding by the Tax Court that the donors merely intended to accomplish the latter purpose. Under Dobson v. Commissioner of Internal Revenue, 320 U.S. 489, 64 S.Ct.…